[EL] The Pa. Supreme Court’s Curious Voter ID Punt
Jessie Allen
jessieallen101 at gmail.com
Wed Sep 19 03:32:54 PDT 2012
I think this decision is a classic piece of judicial craftsmanship and
political compromise. First of all, though there are dissenting
"statements," the main action -- vacating the trial judge's denial of the
preliminary injunction -- is unanimous. Three Republicans and three
Democrats all got together and said that based on what "the Commonwealth
parties have candidly conceded" at oral argument "the law is not being
implemented according to it terms." Moreover, they apparently agree that
if the law's implementation doesn't result in "liberal access" so that
"there will be no voter disenfranchisement" the trial court "is obliged to
enter a preliminary injunction."
Those are pretty direct instructions, setting a legal standard that is
quite different from the one the trial judge applied. Because the ruling
turns on a factual question, however, the PA SCT proceeded to do what
appellate courts are supposed to do when facts are dispositive -- remand to
the trial court to rule in the first instance. But they left very little
room here for the trial judge to do anything but enjoin the ID requirement.
True, if the state can convince the trial judge that they have changed
procedures significantly since oral argument last week, then he might still
deny the injunction. But that would sure leave the judge pretty far out on
a limb.
To me this all looks like a victory for both electoral and judicial
integrity. Before the PA SCT hearing, there was a lot of speculation that
the court might split on partisan lines in this highly politicized case.
Instead they managed to come up with a ruling that likely prevents a poorly
administered and draconian ID law from skewing the forthcoming presidential
election but does not rule out the constitutionality of some form of voter
ID properly and liberally administered. And they crafted that ruling within
days of the hearing. I think that is pretty good for a judicial day's
work.
On Wed, Sep 19, 2012 at 2:17 AM, Rick Hasen <rhasen at law.uci.edu> wrote:
> The Pa. Supreme Court’s Curious Voter ID Punt<http://electionlawblog.org/?p=40364>
> Posted on September 18, 2012 11:14 pm<http://electionlawblog.org/?p=40364>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> Today the Supreme Court of Pennsylvania issued a 4-2 per curiam (unsined)
> decision <http://www.pacourts.us/OpPosting/Supreme/out/J-114-2012pco.pdf>and two
> dissenting<http://www.pacourts.us/OpPosting/Supreme/out/J-114-2012ds1.pdf>
> statements<http://www.pacourts.us/OpPosting/Supreme/out/J-114-2012ds2.pdf>,
> sending the challenge to the state’s new tough voter i.d. law back to the
> trial court for more factfinding. The four Justices in the majority (3
> Republicans and a Democrat) want the trial court to take a second look at
> whether Pennsylvania can actually get new state-issued i.d.’s into the
> hands of voters before the November election. The majority strongly
> suggested that the evidence demonstrates the state cannot do so, and it has
> directed the trial court to put the voter id law on hold for this election
> if voters will be disenfranchised by the new law. (The two dissenters
> believe there is already enough evidence in the record to conclude that Pa.
> officials cannot get the i.d.’s into the hands of officials in time for
> this election and would therefore hold the trial court abused its
> discretion in not preliminarily enjoining application of the law.)
>
> Here’s the operative instruction to the trial court from the Supreme Court
> majority:
>
> Thus, we will return the matter to the Commonwealth Court to make a
> present assessment of the actual availability of the alternate
> identification cards on a developed record in light of the experience since
> the time the cards became available. In this regard, the court is to
> consider whether the procedures being used for deployment of the cards
> comport with the requirement of liberal access which the General Assembly
> attached to the issuance of PennDOT identification cards. If they do not,
> or if the Commonwealth Court is not still convinced in its predictive
> judgment that t*here will be no voter disenfranchisement arising out of
> the Commonwealth’s implementation of a voter identification requirement*for purposes of the upcoming election, that court is obliged to enter a
> preliminary injunction.
>
> (my emphasis)
>
> The decision, and division, on the Court is quite odd.
>
> First, it seems very likely that Pa*.will* have an identification
> requirement in place for the 2016 presidential election. As one of the two
> dissenters (joined by the other dissenter) wrote, “I have no argument with
> the requirement that all Pennsylvania voters, at some reasonable point in
> the future, will have to present photo identification before they may cast
> their ballots, it is clear to me that the reason for the urgency of
> implementing Act 18 prior to the November election is purely political.”
> It looks like all the Justices (perhaps based upon a concession of David
> Gersch at the oral argument) will vote that a fairly and fully implemented
> voter id law does not violate the state constitution.
>
> Second, it seems that *all* the Pa. Justices agree that there are serious
> doubts about whether PennDOT can actually implement voter id in time for
> November—it appears many people, including what the majority calls the most
> “vulnerable” in the state (the elderly, disabled, and financially
> disadvantaged), still lack the id and cannot get the i.d.’s before Election
> Day. This is not a newly discovered problem. Back on July 31 I had a post
> entitled: Pa Voter ID Law Just Not Ready for Prime Time<http://electionlawblog.org/?p=37813>.
> And the new order looks to impose a very tough standard for PA to meet: “no
> voter disenfranchisement”
>
> So put 1 and 2 together, and it looks like the Court could have crafted a
> narrow unanimous opinion that said (1) the Pa. law, when fully implemented,
> is likely to be constitutional; but (2) the trial court abused its
> discretion in not temporarily barring the use of the i.d. requirement until
> the state could show it could get i.d.’s into the hands of all voters that
> need them.
>
> So what happened? Why give the trial court another chance to reconsider
> the evidence and issue a ruling by October 2 subject to a second expedited
> appeal to be heard just days before election day, something that will
> present a recipe for confusion of voters and poll workers at the polls no
> matter what eventually happens?
>
> I can think of a few unsatisfying possibilities. (1) The Supreme Court
> wanted to give the trial court a chance to fix its own mess. (2) The
> Justices wanted to give the state one more chance to see if it could prove
> it could get its act together before the election. (3) This was some sort
> of compromise among the 4 Justices in the majority.
>
> None of these convince me as to the reason for the remand, but I cannot
> think of any other possibilities. Nor does it seem justified to stretch
> out this uncertainty into the few weeks before election day. That does no
> one any good.
>
> (For a news roundup of the case, see Howard Bashman’s post.)<http://howappealing.law.com/091812.html#047162>
>
>
>
>
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40364&title=The%20Pa.%20Supreme%20Court%E2%80%99s%20Curious%20Voter%20ID%20Punt&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>, The
> Voting Wars <http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>
> | Comments Off
> “Romney Campaign Borrowed $20 Million to Get Through Convention”<http://electionlawblog.org/?p=40361>
> Posted on September 18, 2012 10:28 pm<http://electionlawblog.org/?p=40361>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> NYT<http://thecaucus.blogs.nytimes.com/2012/09/18/romney-campaign-borrowed-20-million-to-get-through-convention/>:
> “Mitt Romney borrowed $20 million for his presidential campaign in August,
> a campaign official said on Tuesday, money that helped carry Mr. Romney
> through the Republican convention until he could tap into tens of millions
> of dollars in general election money his campaign raised. The loan, which was
> reported on Tuesday by The National Review<http://www.nationalreview.com/corner/327793/romney-campaign-borrowed-20-million-robert-costa#>,
> underscored the significant cash flow problem that afflicted Mr. Romney
> even as he was outraising President Obama in June and July.”
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> Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
> Off
> “Voters Annoyed by Hard-to-Read Ballots”<http://electionlawblog.org/?p=40358>
> Posted on September 18, 2012 10:26 pm<http://electionlawblog.org/?p=40358>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> News from NY<http://www.nytimes.com/2012/09/18/nyregion/new-york-city-voters-annoyed-by-hard-to-read-ballots.html?ref=politics>
> .
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40358&title=%E2%80%9CVoters%20Annoyed%20by%20Hard-to-Read%20Ballots%E2%80%9D&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>, voting
> technology <http://electionlawblog.org/?cat=40> | Comments Off
> “Congress Nearing End of Session Where Partisan Input Impeded Output”<http://electionlawblog.org/?p=40355>
> Posted on September 18, 2012 10:24 pm<http://electionlawblog.org/?p=40355>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> NYT reports<http://www.nytimes.com/2012/09/19/us/politics/congress-nears-end-of-least-productive-session.html?ref=politics>
> .
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40355&title=%E2%80%9CCongress%20Nearing%20End%20of%20Session%20Where%20Partisan%20Input%20Impeded%20Output%E2%80%9D&description=>
> Posted in legislation and legislatures<http://electionlawblog.org/?cat=27>,
> political parties <http://electionlawblog.org/?cat=25>, political
> polarization <http://electionlawblog.org/?cat=68> | Comments Off
> “Jim Crow II: Voter fraud and party politics”<http://electionlawblog.org/?p=40352>
> Posted on September 18, 2012 10:20 pm<http://electionlawblog.org/?p=40352>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> Linda Stamato has written this oped<http://blog.nj.com/njv_linda_stamato/2012/09/jim_crow_ii_voter_fraud_and_pa.html>for NJ.com.
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40352&title=%E2%80%9CJim%20Crow%20II%3A%20Voter%20fraud%20and%20party%20politics%E2%80%9D&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>, The
> Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
> “Outside groups make up almost half of all presidential campaign ads”<http://electionlawblog.org/?p=40349>
> Posted on September 18, 2012 10:05 pm<http://electionlawblog.org/?p=40349>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> NBC News reports<http://firstread.nbcnews.com/_news/2012/09/17/13917146-outside-groups-make-up-almost-half-of-all-presidential-campaign-ads?lite>
> .
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40349&title=%E2%80%9COutside%20groups%20make%20up%20almost%20half%20of%20all%20presidential%20campaign%20ads%E2%80%9D&description=>
> Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
> Off
> “The Lie Factory: How Politics Became a Business”<http://electionlawblog.org/?p=40347>
> Posted on September 18, 2012 10:04 pm<http://electionlawblog.org/?p=40347>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> This article<http://www.newyorker.com/reporting/2012/09/24/120924fa_fact_lepore>on political consultants appears in
> *The New Yorker.*
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40347&title=%E2%80%9CThe%20Lie%20Factory%3A%20How%20Politics%20Became%20a%20Business%E2%80%9D&description=>
> Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
> “Looking, Very Closely, for Voter Fraud; Conservative Groups Focus on
> Registration in Swing States” <http://electionlawblog.org/?p=40344>
> Posted on September 18, 2012 9:59 pm <http://electionlawblog.org/?p=40344>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> Front-page, must-read extensive NYT article<http://www.nytimes.com/2012/09/17/us/politics/groups-like-true-the-vote-are-looking-very-closely-for-voter-fraud.html?smid=pl-share>on “True the Vote.” It begins:
>
> It might as well be Harry Potter<http://topics.nytimes.com/top/reference/timestopics/complete_coverage/harry_potter/index.html?inline=nyt-classifier>’s
> invisible Knight Bus, because no one can prove it exists.
>
> The bus has been repeatedly cited by True the Vote, a national group
> focused on voter fraud. Catherine Engelbrecht, the group’s leader, told a
> gathering in July about buses carrying dozens of voters showing up at
> polling places during the recent Wisconsin recall election.
>
> “Magically, all of them needed to register and vote at the same time,” Ms.
> Engelbrecht said. “Do you think maybe they registered falsely under false
> pretenses? Probably so.”
>
> Weeks later, another True the Vote representative told a meeting of
> conservative women about a bus seen at a San Diego polling place in 2010
> offloading people “who did not appear to be from this country.”
>
> Officials in both San Diego and Wisconsin said they had no evidence that
> the buses were real. “It’s so stealthy that no one is ever able to get a
> picture and no one is able to get a license plate,” said Reid Magney, a
> spokesman for the Wisconsin agency that oversees elections. In some
> versions the bus is from an Indian reservation; in others it is full of
> voters from Chicago or Detroit. “Pick your minority group,” he said.
>
> The buses are part of the election fraud gospel according to True the
> Vote, which is mobilizing a small army of volunteers to combat what it sees
> as a force out to subvert elections. Ms. Engelbrecht’s July speech in
> Montana was titled “Voter Fraud: The Plot to Undermine American Democracy.”
>
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40344&title=%E2%80%9CLooking%2C%20Very%20Closely%2C%20for%20Voter%20Fraud%3B%20Conservative%20Groups%20Focus%20on%20Registration%20in%20Swing%20States%E2%80%9D&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>, fraudulent
> fraud squad <http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>
> | Comments Off
> “House Dems push new campaign finance reform”<http://electionlawblog.org/?p=40342>
> Posted on September 18, 2012 9:56 pm <http://electionlawblog.org/?p=40342>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> WaPo reports<http://www.washingtonpost.com/blogs/election-2012/wp/2012/09/14/house-dems-push-new-campaign-finance-reform/>
> .
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40342&title=%E2%80%9CHouse%20Dems%20push%20new%20campaign%20finance%20reform%E2%80%9D&description=>
> Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
> Off
> “Florida Loses Bid to Toss Suit Challenging Voter Purge”<http://electionlawblog.org/?p=40339>
> Posted on September 18, 2012 9:51 pm <http://electionlawblog.org/?p=40339>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> Bloomberg reports<http://www.bloomberg.com/news/2012-09-18/florida-loses-bid-to-toss-suit-challenging-voter-purge.html>
> .
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40339&title=%E2%80%9CFlorida%20Loses%20Bid%20to%20Toss%20Suit%20Challenging%20Voter%20Purge%E2%80%9D&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>, The
> Voting Wars <http://electionlawblog.org/?cat=60>, voting<http://electionlawblog.org/?cat=31>
> | Comments Off
> “Court Accepts Legal Center Brief Defending Contribution Limits Despite
> Opposition from Illinois Liberty PAC”<http://electionlawblog.org/?p=40335>
> Posted on September 18, 2012 9:45 pm <http://electionlawblog.org/?p=40335>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> See this press release<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=1890:september-18-2012-court-accepts-legal-center-brief-defending-contribution-limits-despite-opposition-from-illinois-liberty-pac&catid=63:legal-center-press-releases&Itemid=61>
> .
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> Posted in campaign finance <http://electionlawblog.org/?cat=10> | Comments
> Off
> DC Circuit Reverses in Van Hollen Case, Reinstates Weak Disclosure
> Rules for the Remainder of the Election<http://electionlawblog.org/?p=40333>
> Posted on September 18, 2012 9:44 pm <http://electionlawblog.org/?p=40333>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> You can find the unanimous opinion of the DC Circuit here<http://www.cadc.uscourts.gov/internet/opinions.nsf/582177A123FA411885257A7D004DA421/$file/12-5117-1394950.pdf>
> .
>
> See this story from the LA Times<http://www.latimes.com/news/nationworld/nation/la-na-campaign-disclosure-20120919,0,1555685.story>:
> “The panel chided the FEC for not clearly dealing with the changes in the
> law or defending its stance in court. But with the FEC locked in partisan
> gridlock, it remains unclear whether the six commissioners will be able to
> come to agreement on how to proceed.”
>
> More from National Journal<http://influencealley.nationaljournal.com/2012/09/van-hollen-disclosure-ruling-b.php>,
> Politico <http://www.politico.com/news/stories/0912/81337.html?hp=l5>, Roll
> Call<http://www.rollcall.com/news/appeals_court_rejects_bid_to_demand_full_campaign_finance_disclosure-217645-1.html?pos=opolh>,
> The Hill<http://thehill.com/blogs/blog-briefing-room/news/250121-appeals-court-overturns-disclosure-ruling>,
> AP<http://www.washingtonpost.com/politics/appeals-court-reverses-ruling-on-disclosure-of-campaign-donors-for-some-ads/2012/09/18/45cafd38-01a7-11e2-bbf0-e33b4ee2f0e8_story.html>,
> Huffington Post<http://www.huffingtonpost.com/2012/09/18/dark-money-groups-court-ruling_n_1893745.html>,
> Bloomberg BNA<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=28039284&vname=mpebulallissues&jd=a0d4r6p7g8&split=0>
> .
>
> See the statements by Fred Wertheimer<http://www.democracy21.org/index.asp?Type=B_PR&SEC=%7B91FCB139-CC82-4DDD-AE4E-3A81E6427C7F%7D&DE=%7BF1DE73EE-13DE-4EA2-B911-BAA00714A208%7D>,
> Sunlight<http://organizing.sunlightfoundation.com/page/m/64f5889e/28885e2d/33c06268/680263b5/209583604/VEsE/>,
> CLC<http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=1886:september-18-2012-appeals-court-panel-overturns-van-hollen-v-fec-disclosure-laws-on-hold-for-2012-cycle-statement-of-j-gerald-hebert-executive-director&catid=63:legal-center-press-releases&Itemid=61>,
> Steve Hoersting<http://www.nationalreview.com/corner/324687/sigh-relief-501c4s-and-their-contributors-stephen-m-hoersting>
> , Center for Competitive Politics<http://www.campaignfreedom.org/2012/09/18/van-hollen-reversal-a-victory-for-free-speech/>
> .
>
> Given the IRS’s failure to show new desire to enforce limits on 501(c)(4)
> rules, and the apparent workaround these groups have achieved through the
> use of “express advocacy,” it is not clear how much of a difference this
> ruling will make at this point.
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> Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax
> law and election law <http://electionlawblog.org/?cat=22> | Comments Off
> 9th Circuit, on 2-1 Vote, Strikes Down Montana Ban on Political Party
> Endorsement of Judicial Candidates <http://electionlawblog.org/?p=40330>
> Posted on September 18, 2012 9:23 pm <http://electionlawblog.org/?p=40330>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> Howard links <http://howappealing.law.com/091812.html#047168> to the
> majority and dissenting opinions as well as commentary. More from Thomson
> Reuters<http://newsandinsight.thomsonreuters.com/Legal/News/ViewNews.aspx?id=57118>
> .
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40330&title=9th%20Circuit%2C%20on%202-1%20Vote%2C%20Strikes%20Down%20Montana%20Ban%20on%20Political%20Party%20Endorsement%20of%20Judicial%20Candidates&description=>
> Posted in campaigns <http://electionlawblog.org/?cat=59>, judicial
> elections <http://electionlawblog.org/?cat=19> | Comments Off
> Obama Campaign Files Sixth Circuit Brief in Ohio Early Voting Case<http://electionlawblog.org/?p=40326>
> Posted on September 18, 2012 9:14 pm <http://electionlawblog.org/?p=40326>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> Here<http://moritzlaw.osu.edu/electionlaw/litigation/documents/BriefforPlaintiffs-Appellees.pdf>.
> More from Bloomberg.<http://www.bloomberg.com/news/2012-09-18/obama-campaign-tells-court-ohio-early-vote-laws-are-burdensome.html>
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40326&title=Obama%20Campaign%20Files%20Sixth%20Circuit%20Brief%20in%20Ohio%20Early%20Voting%20Case&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>, The
> Voting Wars <http://electionlawblog.org/?cat=60>, voting<http://electionlawblog.org/?cat=31>
> | Comments Off
> “The Politics of Voter Suppression”<http://electionlawblog.org/?p=40324>
> Posted on September 18, 2012 9:12 pm <http://electionlawblog.org/?p=40324>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> This event <http://moritzlaw.osu.edu/emails/el_tovawang/el_tovawang.html>featuring Tova Wang and Kathleen Clyde (moderated by Dan Tokaji) will take
> place September 24 at Moritz.
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40324&title=%E2%80%9CThe%20Politics%20of%20Voter%20Suppression%E2%80%9D&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>, The
> Voting Wars <http://electionlawblog.org/?cat=60> | Comments Off
> “What You See Is What You Get On 501(c)(4) Politicking, IRS Officials
> Say” <http://electionlawblog.org/?p=40321>
> Posted on September 18, 2012 9:06 pm <http://electionlawblog.org/?p=40321>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> Bloomberg BNA<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=28019646&vname=mpebulallissues&jd=a0d4q6q9w7&split=0>:
> “Tax-exempt practitioners looking for new answers to big questions about
> how their clients should handle political involvement in the run-up to the
> November election did not get them at the American Bar Association Section
> of Taxation and Section of Real Property, Trust & Estate Law, Division of
> Trust and Estate Law Joint Fall CLE meeting in Boston.”
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40321&title=%E2%80%9CWhat%20You%20See%20Is%20What%20You%20Get%20On%20501%28c%29%284%29%20Politicking%2C%20IRS%20Officials%20Say%E2%80%9D&description=>
> Posted in campaign finance <http://electionlawblog.org/?cat=10>, tax
> law and election law <http://electionlawblog.org/?cat=22> | Comments Off
> “Readers Debate the Merits of Post-election Audits”<http://electionlawblog.org/?p=40318>
> Posted on September 18, 2012 8:53 pm <http://electionlawblog.org/?p=40318>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> This item<http://ncsl.typepad.com/the_thicket/2012/09/readers-debate-the-merits-of-post-election-audits.html>appears at NCSL’s “The Thicket.”
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40318&title=%E2%80%9CReaders%20Debate%20the%20Merits%20of%20Post-election%20Audits%E2%80%9D&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18> | Comments
> Off
> “How Much Voter Fraud Is There? A state-by-state map reveals the
> answer: almost none.” <http://electionlawblog.org/?p=40316>
> Posted on September 18, 2012 8:52 pm <http://electionlawblog.org/?p=40316>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> Interactive *Slate* map <http://t.co/mLzPsGMC>.
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40316&title=%E2%80%9CHow%20Much%20Voter%20Fraud%20Is%20There%3F%20A%20state-by-state%20map%20reveals%20the%20answer%3A%20almost%20none.%E2%80%9D&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>, fraudulent
> fraud squad <http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>,
> voter id <http://electionlawblog.org/?cat=9> | Comments Off
> “Jolivette out of 51st District race”<http://electionlawblog.org/?p=40313>
> Posted on September 18, 2012 8:36 pm <http://electionlawblog.org/?p=40313>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> News from Ohio<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201209150958/NEWS0106/309150044>:
> “It looks like former Butler County Commissioner Greg Jolivette won’t be on
> the November ballot for Ohio’s 51st House District. The U.S. Sixth
> Circuit Court of Appeals in Cincinnati on Friday affirmed<http://www.ca6.uscourts.gov/opinions.pdf/12a0336p-06.pdf>a recent district court decision that barred Jolivette from running as an
> independent candidate.”
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40313&title=%E2%80%9CJolivette%20out%20of%2051st%20District%20race%E2%80%9D&description=>
> Posted in ballot access <http://electionlawblog.org/?cat=46>, campaigns<http://electionlawblog.org/?cat=59>,
> third parties <http://electionlawblog.org/?cat=47> | Comments Off
> “Xavier students: Let candidates appear”<http://electionlawblog.org/?p=40310>
> Posted on September 18, 2012 8:18 pm <http://electionlawblog.org/?p=40310>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> The *Cincinnati Enquirer *reports.<http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201209161821/NEWS010601/309160025>
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40310&title=%E2%80%9CXavier%20students%3A%20Let%20candidates%20appear%E2%80%9D&description=>
> Posted in campaigns <http://electionlawblog.org/?cat=59> | Comments Off
> “The Epidemiology of Voter Fraud” <http://electionlawblog.org/?p=40307>
> Posted on September 18, 2012 8:06 pm <http://electionlawblog.org/?p=40307>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> Doug Chapin<http://blog.lib.umn.edu/cspg/electionacademy/2012/09/the_epidemiology_of_voter_frau.php?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+HHHElections+%28The+Election+Aacdemy%29>
> :
>
> Judging only by actions, it would appear that these officials consider
> voter fraud to be a serious threat along the lines of smallpox – a highly
> contagious, lethal disease – and thus are willing to tolerate a high number
> of false positives in order to isolate and “cure” the true positives and
> protect the rest of the population from an epidemic. Opponents of these
> efforts can (and already have) suggested that such fears are overblown; in
> essence, that voter fraud is an isolated disease with a low degree of
> contagion.
>
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40307&title=%E2%80%9CThe%20Epidemiology%20of%20Voter%20Fraud%E2%80%9D&description=>
> Posted in election administration <http://electionlawblog.org/?cat=18>, fraudulent
> fraud squad <http://electionlawblog.org/?cat=8>, The Voting Wars<http://electionlawblog.org/?cat=60>
> | Comments Off
> “California: Threat to recall San Bernardino councilman not a crime”<http://electionlawblog.org/?p=40305>
> Posted on September 18, 2012 8:04 pm <http://electionlawblog.org/?p=40305>
> by Rick Hasen <http://electionlawblog.org/?author=3>
>
> This item<http://recallelections.blogspot.com/2012/09/california-threat-to-recall-san.html>appears at the Recall Elections Blog.
> [image: Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40305&title=%E2%80%9CCalifornia%3A%20Threat%20to%20recall%20San%20Bernardino%20councilman%20not%20a%20crime%E2%80%9D&description=>
> Posted in recall elections <http://electionlawblog.org/?cat=11> | Comments
> Off
>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://law.uci.edu/faculty/page1_r_hasen.htmlhttp://electionlawblog.org
> Now available: The Voting Wars: http://amzn.to/y22ZTv
>
>
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--
Jessie Allen
Assistant Professor
University of Pittsburgh School of Law
3900 Forbes Avenue
Pittsburgh, PA 15260
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http://blackstoneweekly.wordpress.com/
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